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1 Answer | Asked in Estate Planning for North Carolina on
Q: How do you correct an estate inventory form once it is filed. I need to remove a bank account with joint survival ship.
Shane T. Johnson
Shane T. Johnson
answered on Oct 23, 2024

They would file an amended Inventory, and the filing fee is relative to the changed assets. The clerk will issue a refund of the original amount paid minus the amendment fee of $15.00. They would need to provide proof of the survivorship (signature card).

1 Answer | Asked in Estate Planning and Probate on
Q: My Great Grandmother gave my Gma up for adoption. Do I have any claim to the estate, as a direct descendant?

My Great Grandmother gave my Grandmother up for adoption and ended up adopting a child later on. that adopted child did not know about the existence of her sister, my grandma, and she left her estate inherited from my great grandma to a friend. Do I have any potential claim to the estate as a... View More

Anthony M. Avery
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answered on Oct 23, 2024

I doubt you are an heir nor next of kin. You might search the land records wherever any of those ancestors lived and died. If the adoption was ordered, then your grandmother had no relationship to the great grandmother. SOLs probably prevent any ejectment claims, but partition might lie if... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: How long after someone being served does it take to set a court date for a partition sale?

I cosigned for a house with my daughter-n-law. They have cut off all communication and making late or no payments at all that is affecting my credit. I hired a lawyer 8 months ago. And he doesn't communicate with me without yelling at me. And I still have no court date set. How long after now... View More

Anthony M. Avery
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answered on Oct 23, 2024

The Partition Sale may not work because lack of equity. Your lawyer needs to make an estimate of this. If it is not economically feasible then it will be dismissed. Your lawyer can move the Court for a trial date, and it is usually a simple trial. You are trying to get an order for sale for... View More

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Probate for Oregon on
Q: Is my mother's probate attorney supposed to give me an itemized list of expenses?

Can I ask him for a list?

Theressa Hollis
Theressa Hollis
answered on Oct 22, 2024

Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.

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2 Answers | Asked in Estate Planning for California on
Q: What if I do not know where or what the estate/trust of my late fathers. But was contacted by an attorney .

Which has not enclosed any information about this matter besides asking me to provide proof that am his heir (only) . Now they were to get ahold of me but have not nor returning my wail or phone calls. How do I get information about this matter would help?

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 23, 2024

It is possible that the attorney who initially contacted you had consulted with someone looking to claim your late father’s assets and wanted to confirm if you were related and alive so that you may have a claim to your late father’s assets as an heir or beneficiary of his Will or Trust. It is... View More

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1 Answer | Asked in Estate Planning on
Q: Mother dieS. Estate goes to husband. If spouse has died estate goes to 2 adult children in equal share. EXECUTOR Daughte

Father Dies. Estate goes to Mother. If spouse has died estate goes to 2 adult children. Executors Son and Dauther. Parents both received post settlements 10 yrs later. one 10,000 and the other 200,000. Who's will for executor and beneficiary amounts takes precedence. Mother died first and... View More

Anthony M. Avery
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answered on Oct 22, 2024

Most State's intestacy laws do not vest all property in surviving spouse. Property owned by Tenants By The Entirety or Joint Tenancy With Right of Survivorship would go to surviving spouse. Hire an attorney to advise on the relevant laws and who should have got what. There is no executor... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: In order to receive my deceased father's unclaimed property my brother has to fill out the same paperwork I did. Why?

In the state of Alabama the unclaimed property that was my deceased fathers would go to me and my brother and I've already turned in the documents needed for the claim of the unclaimed property and yet the redundancy is ridiculous of having to turn the same paperwork in multiple times and then... View More

James L. Arrasmith
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answered on Oct 23, 2024

I understand how frustrating it can be to go through the same paperwork multiple times, especially during such a difficult time. In Alabama, both you and your brother are considered separate claimants to your father's unclaimed property. This means each of you must individually verify your... View More

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: If I sell my company in TX and want split $ in thirds & gift to my two children, how do I pay the least taxes? 3 trusts?

60 year old company, appraised at $9m

If all proceeds go into my one trust and then I distribute it, will the taxes be the same as putting proceeds into 3 separate trusts?

James L. Arrasmith
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answered on Oct 22, 2024

When planning to sell your Texas company valued at $9 million and distribute the proceeds to your children, it's important to consider the tax implications carefully. Splitting the funds into thirds and using trusts can be an effective strategy to manage taxes and ensure your wishes are... View More

1 Answer | Asked in Estate Planning for Mississippi on
Q: My mother left me 50,000 dollars in a trust fund in 2014,my brother was supposed to pay me 500 a month until the 50,000.

Was exhausted,my brother had made no attempt to pay me what so ever.What do I do,and how do I find out where the trust is

Anthony M. Avery
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answered on Oct 23, 2024

Hire a competent MS attorney to investigate whether you have a fiduciary duty breach cause of action or not. You may have already busted the SOL for conversion. If so, and the facts are clear, possibly a theft charge lies with the District Attorney.

2 Answers | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: I was contacted by an attorney who needed me to prove I was the heir of my Late dad.

she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More

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1 Answer | Asked in Estate Planning for North Carolina on
Q: I need help completing the Affidavit of Collection, Disbursement and Distribution form in NC.

My aunt passed away and co-owned vehicles with her sister who survives her. She had a simple will and named a cousin as beneficary. The titles for the vehicles have been transferred to the surviving sister. How is this documented on the above mentioned form?

Shane T. Johnson
Shane T. Johnson
answered on Oct 21, 2024

You will need to contact a probate attorney. County clerks are very particular and therefore the forms, which do not lend themselves to a simple explanation or answer here, need to be completed correctly.

3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 20, 2024

If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.

If the California...
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1 Answer | Asked in Estate Planning on
Q: My ex always gets what she is after. Karma loves her. Ex had 365 to refinance home and adj. property- I was ordered

To just walk away from equity and home. With no pocket money. She has pasted her he deadline by a few weeks and I tried texting her how the process was going. No respones. I’m friends with her attorney and he said he’ll call her tomorrow…what I’d like to know will she just get a slap on the... View More

James L. Arrasmith
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answered on Oct 23, 2024

I'm sorry you're going through this challenging situation. When deadlines in legal agreements are missed, courts can impose various consequences. Your ex might face penalties such as fines or could be required to comply with the original terms under supervision. It often depends on the... View More

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Utah on
Q: if i inherited my mothers house and the ooan is still in her name 8 years after her death is there a way to discharge th

The loan? Is there any way that the statue of limitations has reached its expiration date since the loan is not in my name?

Wesley Winsor
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Wesley Winsor
answered on Oct 21, 2024

It sounds like you're dealing with the process of managing ownership and financial responsibilities for a property following the passing of your mother. Here's a summary of the key points and steps you might consider:

1. **Determine Property Ownership:**

- Check if the...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to get reimburse for estate related expenses after Summary Administration order?

Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 22, 2024

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

1 Answer | Asked in Estate Planning and Elder Law for Virginia on
Q: Husband has named beneficiaries for all his investment accounts and our cars are in both of our names.

The only Tangible property that would go through probate would be contents of our house. Can probate be avoided if he adds a codicil to his will, specifically stating what items in house would go to his daughter's upon his death. ( TOD for household items). We have separate wills, husband has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Oct 21, 2024

With respect to your real estate, considering talking to an attorney about a Revocable Transfer of Death Deed to avoid the probate of that assets.

1 Answer | Asked in Estate Planning, Civil Litigation and Landlord - Tenant for Florida on
Q: Can Trustee of family trust act as pro-se in law suit against tenant for unpaid rent/damages, without lawyer?

I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More

Anthony M. Avery
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answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

1 Answer | Asked in Contracts, Criminal Law, Estate Planning and Family Law for Connecticut on
Q: Can someone show me how to test myself and answer questions not just studies cases. I want some proof it working
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Connecticut attorney could advise best, but your question remains open for two weeks. It sounds like you are a student taking law classes. You could check whether there are free sample questions online, either through undergrad courses or sample multistate questions for bar exams. There probably... View More

1 Answer | Asked in Estate Planning, Family Law and Personal Injury on
Q: How can we be sure that the will's copy was not misrepresented? The witness cannot remember every detail of will.

If someone who has lied under oath three times in court presents a simple copy of a last will, along with a witness, how can we be sure that the copy was not misrepresented? Logically, the witness cannot remember every detail of the document, even if they were present at the signing. Apparently, in... View More

Anthony M. Avery
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answered on Oct 18, 2024

It appears someone with standing needs to file a Will Contest in whatever Probate Court the Will has been filed in. That is the only place to contest it, and the plaintiff will need a lawyer, at least one cause of action, and witnesses. You may already be out of time.

2 Answers | Asked in Estate Planning, Real Estate Law and International Law for Missouri on
Q: I am moving abroad Indefinitely. What should I do to protect my land holdings?

I am moving in a few weeks.

Anthony M. Avery
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answered on Oct 17, 2024

I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More

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